(a) Any term used in this article shall have the same meaning
as when used in a comparable context in article thirteen or
thirteen-a of this chapter, unless a different meaning is clearly
required by the context of its use or by definition in this
article.

(b) For purposes of this article, the term:

(1) "Coal loading facility" means any building or structure
specifically designed and solely used to transfer coal from a coal
processing or preparation facility, or from a coal storage
facility, or both, or from any means of transportation, to any
means of rail or barge transportation used to move coal, including
such land as is directly associated with and solely used for the
coal loading facility, and including any device or combination of
machinery and equipment that is directly associated with and solely
used for the loading of coal. This definition applies only when
the transfer is to any means of rail or barge transportation and
specifically excludes the transfer to any other form of
transportation. This may include, but is not limited to, the coal
loading tipple, conveyors, coal storage facilities, weighing
equipment and rail trackage, if they are directly associated with
and solely used for the loading of coal. In no event may the
eligible investment in a coal loading facility, for purposes of
this credit, include the cost of any coal processing, preparation,
blending or sizing facility or equipment, or any combinationthereof, even though physically a part of the coal loading
facility, and even though such coal processing, preparation,
blending or sizing facility or equipment, or any combination
thereof, is necessary or essential to the loading of commercially
usable or marketable coal.

(2) "Eligible taxpayer" means any person subject to tax under
article thirteen, thirteen-a or twenty-three of this chapter who
purchases real or personal property, or a combination thereof, for
the purpose of building or constructing a new or expanded coal
loading facility in this state, or who revitalizes an existing coal
loading facility located in this state, and upon completion,
operates the new or expanded or revitalized coal loading facility:
Provided, That on and after the first day of July, one thousand
nine hundred eighty-seven, the phrase "subject to tax under article
thirteen of this chapter" shall mean "subject to tax under article
thirteen-a or twenty-three of this chapter."

(3) "Revitalization" means capital investment in a coal
loading facility located in this state to replace or modernize
buildings, structures, equipment, machinery and other tangible
personal property directly associated with and solely used in the
operation of a coal loading facility, including the acquisition of
any real property directly associated with and solely used in the
operation of a revitalized coal loading facility.

(4) Subject to subdivision (5) below, "property purchased for
a coal loading facility" means real property and improvementsthereto and tangible personal property, but only if such real or
personal property is constructed or purchased for use as a
component part of a new or expanded coal loading facility, or the
revitalization of an existing coal loading facility located within
this state. This term includes only tangible personal property
with respect to which depreciation, or amortization in lieu of
depreciation, is allowable in determining the personal income tax
or corporation net income tax due under articles twenty-one or
twenty-four of this chapter, and has a useful life at the time such
property is placed in service or use in this state of four years or
more. Property acquired by written lease for a term of ten years
or longer, if used as a component part of a coal loading facility,
shall be included within this definition.

(A) Property which qualifies or was qualified for credit under
articles thirteen-c or thirteen-d of this chapter;

(B) Repair costs, including materials used in making the
repair, unless for federal income tax purposes the cost of the
repair must be capitalized and not expensed;

(C) Motor vehicles licensed by the department of motor
vehicles;

(D) Airplanes;

(E) Off-premise transportation equipment;

(F) Property which is primarily used outside this state;

(G) Property purchased prior to the first day of April, one
thousand nine hundred eighty-three; and

(H) Property which is acquired incident to the purchase of the
stock or assets of a taxpayer which property was or had been used
by the seller in his business in this state, or which property was
previously designated "property purchased for industrial expansion"
or "property purchased for industrial revitalization" under article
thirteen-d of this chapter and used to qualify for the tax credit
provided by either of said articles.

(6) Property shall be deemed to have been purchased prior to
a specified date only if:

(A) The physical construction, reconstruction or erection of
the property was begun prior to the specified date, or such
property was constructed, reconstructed, erected or acquired
pursuant to a written contract as existing and binding on the
taxpayer prior to the specified date;

(B) The machinery or equipment was owned by the taxpayer prior
to the specified date or was acquired by the taxpayer pursuant to
a binding purchase contract which was in effect prior to such date;
or

(C) In the case of leased property, there was a binding
written lease or contract to lease identifiable property in effect
prior to the specified date.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.